1990-0122_BELL, IRA AND TERESA_AgreementAO�NT WITH CITY RE HOMEBUYER INSTALLATION Of�VEWAY
This Agreement with City re Homebuyer Installation of Driveway (the "Agreement") is entered into this
day of////1�989 between the City of San Juan Capistrano (the "City")
and 9�/T �.�-+�l/7 iJG (the "Homebuyer") with reference to the following facts:
A. FN Projects, Inc. (the "Developer") is currently building a community of single family homes commonly
known as "The Acreage Above Capistrano" in the City of San Juan Capistrano.
B. The H.o/mebuye�rt h/q/s entered into an agreement rt}o /purrcha e a home in The Acreage Above Ca rstrano located
at ��3 % !lU%Tl Y/r�/A1�i J.I�C _��. �?:24 /� (the "Homm"). 9 #�-/
C. The Homebuyer would prefer to install his or her own driveway in connection with the individual
landscaping plan utilized by the Homebuyer to landscape the yard of the Home.
D. In order for the City to issue a Certificate of Occupancy for the Home without the driveway installed,
the City is requiring that the Homrebuyer provide the City with a cash deposit or letter of credit to assure the
City that concrete and/or masonry driveways will be installed at the Home within four months from the date of
issuance of the Certificate of Occupancy for the Home.
NOW, THEREFORE, the parties hereto agree as follows:
1. Deposit. The Homebuyer agrees to dep, r r h the City, concurrently with the Homebuyer's execution and
delivery of this Agreement, the sun of S��in the form of cash or, if the Homebuyer so elects, a
letter of credit of such amount from a major money -center bank, in favor of City and in a form acceptable to the
City. The City shall hold the cash or letter of credit in accordance with the provisions of this Agreement.
2. Agreement to Install Driveways. The Homebuyer hereby covenants and agrees to install or cause to be
installed, within four months from the date that a Certificate of Occupancy for the Home is issued, all concrete
and/or masonry driveways at the Home which FN Projects has not installed as of the date hereof.
3. Issuance of Certificate of_Occuoancy. The City agrees that, upon its receipt of this executed Agreement,
its receipt of the above described funds or letter of credit, and satisfaction of all other conditions to the
issuance of a Certificate of Occupancy, it shall issue a Certificate of Occupancy for the Home.
4. Default. In the event that the Homebuyer fails to complete the construction and installation of all
driveways at the Home as required hereby within four months of the date of the Certificate of Occupancy, the City,
following 10 days notice to the Homeowner, shall have the right to utilize the funds which it holds pursuant to
Section 1 above or draw upon the letter of credit which it holds pursuant to Section 1 above and complete and/or
install or cause to be completed ardfor installed at the Homeboyer's sole expense, all driveways at the Home which
are not then complete. The quality and materials of such driveways shalt be of the same quality and materials as
the standard driveway proposed to be installed or as the City deems reasonable.
5. Release of Funds to Homebuyer. Upon the Homebuyer's satisfaction of the conditions set forth in
paragraph 2 of this Agreement, the City shall return to the Homebuyer the funds or letter of credit which are held
by the City and shall send a letter to Saddleback Escrow Company stating that a driveway meeting City standards
has been installed at the Home.
6. Inaction. The City, on +ts own vctition or at the request of the Homebuyer, shall inspect the 11iw to
determine whether all driveways required to be installed by the Homebuyer have been fully and properly installed.
Following such inspection, the City shall either take the action described in Section 4 or 5 above or take
whatever other action that the City deems reasonable which is consistent with such Sections.
7. Notices. All notices required or desired to be given under this Agreement shall be given by registered
or certified mail at the following address:
The City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Homebuyer: Aal _
Escrow:
cllaig &_
�_Z_ 711Ied, ew.
Saddleback Escrow Company
5010 Campus Drive
Newport Beach, CA 92660
IN WITNESS WHEREOF, the parties agree that the foregoing shalt �b yJnding upon them.
"HOMEBUYER": t /\ _
CITYOF N J APISTRANO CITY OF SAN JUAN CAPISTRANO
By: By: rz-lf_ . A
Joh R. Shaw, City Attorney Elaine R. Martinez, Building Offi
SJ30RIVC
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MEMORANDUM
TO: Mary Ann Hanover, City Clerk
FROM: Elaine Martinez, Building & Safety Manager
Community Planning & Development
SUBJECT: Cash Bond The Acreage Lot No. 21
January 22, 1990
Attached, please find a Cash Bond and Original Agreement With City Re Homebuyer
Installation of Driveway for:
Owner: Ira & Teresa Bell
21762 Efton Way
El Toro, CA. 92630
Address of
Project Site: 27031 Vista Pointe
San Juan Capistrano
Tract: 10103
Lot: No. 21
Amount of Bond $8,442.00
Check No. 3784475935
Coast Savings
18000 Chatsworth St., Granada Hills, CA 91344-5676
This memorandum will serve as a receipt for said bond. Building and Safety Division will
notify your Department to release bond when the grading permit is finaled.
Thank you for your assistance in this matter.
Elaine Martinez
Building Official
EM /nk
GNK 122 -IAC
Attachment
cc: John Shaw
Stephen Chamberlain
Marilyn Groff
Mr. & Mrs. Bell
0
August 14, 1990
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Mr. & Mrs. Ira Bell
27031 Vista Pointe
San Juan Capistrano, California 92675
Re: Release of Cash Bond - Security for Dr
d# -Al 27031 Vista Pointe, San Juan Capistran
Dear Mr. & Mrs. Bell:
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. SUCHHEIM
KENNETH E. PRIESS
GARY L. HAUSOORFER
PHILLIP R. SCHWARTEE
CITY MANAGER
STEPHEN B JULIAN
Attached is your Cash Bond No. 3784475935 from Coast Savings, in the amount of
$8,442.00. Said Cash Bond was given to the City as security for the driveway installation
at property located at 27031 Vista Pointe, San Juan Capistrano (Tract 10103, Lot 21).
Work has been completed to the satisfaction of the City of San Juan Capistrano and the
Cash Bond is hereby released.
If you have any questions, please do not hesitate to call.
V//((erryy tr��ull�y yours,
/lb(,�G(1 J(�
Dawn M. Schanderl
Records Coordinator
Attachment
cc: Daniel W. McFarland, Building & Safety Manager
Coast Savings
This is to acknowledge that I have received the Cash Bond No. 3784475935 from Coast
Savings in the amount of $8,442.00.
Ira and/or Teresa Bell
Dated this /eJ day of August, 1990.
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 4 (714) 493-1171
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Pay to the order of Teresa B
without recourse.
City San Juan Cap' rano
By _
David P. Bentz, Treas
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